Dunn: Paxton indictment an embarrassment to Texas Criminal Justice System

Tim Dunn Empower Texans

Published 6:01 am, Tuesday, September 1, 2015

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Dunn: Paxton indictment an embarrassment to Texas Criminal Justice System

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The new normal for conservatives in Texas is to be attacked by spurious complaints that trigger outrageous misuses of our justice system. This month, Attorney General Ken Paxton joined other indicted conservatives, such as former Gov. Rick Perry, who do not deserve such abuse.

Paxton’s indictment resulted from a criminal complaint by state Rep. Byron Cook. Cook is one of the handful of Republican legislators who joined with the Democratic caucus in 2009 to oust the last conservative house speaker, Midland’s own Tom Craddick. The House has since been ruled by Cook and other Republicans who joined forces to form a House coalition with the Democratic caucus.

The House coalition retains power by projecting the illusion that the House is controlled by Republicans, by spreading lobby cash to House coalition members, and by bullying any Republican who won’t play along. Paxton challenged the House coalition by running for speaker in 2011, and he has since received particular attention from the House coalition’s enforcement arm. His indictment is a result of their efforts and represents a new low. It also makes clear the House coalition is willing to thwart the will of conservative Republican voters in Texas.

Cook waited four years to complain that Paxton supposedly violated securities laws by encouraging him to invest in a McKinney-based company, Servergy, Inc., without explaining he was receiving compensation from the company or disclosing that he did not personally invest. That’s it -- Cook is a wealthy and sophisticated investor who now claims he required information that was of such little importance at the time that he apparently didn’t bother to ask about it. Now, Cook wants Paxton to be convicted of a first-degree felony.

Lawyers are rightly expressing skepticism about the case. In an interview with Texas Lawyer on Aug 5, attorney Cynthia Orr said the allegation that Paxton didn’t tell the investors that he had not personally invested in Servergy is “strange.”

“How would it be material to an investor that (Paxton) had not invested,” said Orr, an attorney with Goldstein, Goldstein & Hilley. “I would attack it. ... How would it make someone invest, where they would not invest had they known?”

House coalition leaders have targeted a number of conservatives. Empower Texans President Michael Sullivan won a legal challenge against the House coalition-influenced Texas Ethics Commission (“TEC”). I serve as chairman of Empower Texans and am convinced the TEC attack stems from the House coalition’s desire to obtain the organization’s donor list so leaders in the House can bully donors. I have been told that a House coalition leader called another organization’s sponsors and threatened them with retaliation if they did not withdraw their support.

The House coalition also launched impeachment proceedings against University of Texas regent Wallace Hall. Why? Because he was asking questions that ultimately made clear legislators were inappropriately gaming university admissions for underqualified students. In their unsuccessful attempt to silence Hall, they tried to have him indicted too if he would not resign.

It seems clear that Paxton’s indictment was predetermined. Prosecutors stated they were seeking felony indictments before the grand jury even met, despite the fact that a prosecutor’s responsibility before grand juries is to seek justice. There are numerous other irregularities:

- Paxton was not allowed to present his side of the story to the grand jury, despite an agreement with the prosecutors that provided him that right.

- Names of grand jurors were improperly sent to outside lawyers, elected officials in Collin County, and reporters.

- At least one lawyer made direct contact with some of the jurors to lobby them to indict Paxton.

- The prosecutors violated the court’s instructions by revealing details of the sealed indictments to the New York Times.

- The prosecutors also informed media of their “belief” that Paxton committed “felony” crimes, despite rules that prohibit such statements.

Now the judge who appointed the special prosecutors and oversaw the indictment has recused himself, citing conflicts that seem questionable.

The entire thing stinks to high heaven.

Texans need to demand an end to this abuse of the system that is supposed to produce liberty and justice for all -- even conservative Republicans.

Tim Dunn is chairman of the board of Empower Texans and a Midland oilman.

Those who may take issue with this op-ed and want to submit their own take on Paxton’s legal issues can contact Editor Stewart Doreen at 687-8856 or sdoreen@mrt.com.